Terms and Agreements

Last Updated August 2nd, 2017

Accepting these Terms

Welcome to Yelloh

The services are provided by Yelloh GmbH (hereinafter referred to as ”we” ”us” or “Yelloh”), a Swiss company with registered address at Dorfstrasse, 27, 8037 Zurich. We are excited to have you as a Respondent or Client. The following terms and conditions (the “Terms of Service” or “Terms”) apply to your use of Yelloh, including any content, functionality and services offered on or via Yelloh.io. (the “Website”)

Please read the Terms of Service carefully before you start using Yelloh. By using the Website, you accept and agree to be bound and abide by these Terms of Service.

Users and Clients

For purposes of these Terms: (i) “Respondents” means account holders who ANSWER questions through the service; and (ii) “Clients” means entities who CREATE and DISTRIBUTE questions through the service.

Changes to these Terms

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll contact you via email and highlight the changes. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Registration and Your Information

If you want to use the Service as a Respondent or a Client, you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services by Yelloh; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services.

Content Ownership, Responsibility and Removal

Yelloh does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Yelloh and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of Switzerland and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Service, you grant to Yelloh a worldwide, royalty free, transferable license, with the right to sublicense, to use, reproduce, distribute, modify, adapt, create derivative works, display, perform and distribute your User Content, but only for the limited purposes of providing the Services to our Respondents and our Clients. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Yelloh’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you.

You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the Services, and any use of your User Content by Yelloh on or through the Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Clients Rights in User Content

By using Yelloh’s services, Yelloh grants to clients a limited, exclusive, non-transferable, non-sublicensable sublicense to view, copy, display and perform the User Content generated in response to the question he submitted. Unless a Client and a Respondent agree differently this sub-license is for COMPANY INTERNAL USE ONLY, the content must be treated as confidential information and may only be made available to the CONCERNED PROJECT TEAM.

Rights in Content Granted by Yelloh

Subject to your compliance with these Terms, Yelloh grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and perform the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rewards

Since the stories and feedbacks you (as a respondent) provide through the service are valuable, we offer our clients the possibility to set up a point-based reward scheme. The receivable amount is added to your account after you have sent your content. To prevent misuse we reserve the right to allow our clients to withdraw the reward form your account if your content is of no use.

Content Review

You acknowledge that, in order to ensure compliance with legal obligations, Yelloh may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Yelloh otherwise has no obligation to monitor or review any content submitted to the Services.

Payment

Our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. To to so, contact us via email at info@yelloh.io

Taxes

Unless otherwise stated, you are responsible for any taxes (other than Yelloh’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Yelloh for the Services without any reduction for Taxes. If Yelloh is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Yelloh with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.

Price Changes

Yelloh may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Yelloh will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

Overage Fees

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Customer Lists

Yelloh may identify you (by name and logo) as a Yelloh Client on Yelloh’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Client Account at any time. You can do so in the profile page of your Account or by requesting cancelation of your account per email to info@yelloh.io. You may cancel your Respondent Account at any time by requesting cancelation of your account per email to info@yelloh.io. Your Account will be canceled within 48 hours upon arrival of your email. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; and this sentence of Termination.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Yelloh its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Contact Information

If you have any questions about these Terms or the Services, please contact us at info@yelloh.io

ABOUT YELLOH

Our aim at Yelloh is to bring you and your customers as close as possible. You need to understand your customers in a humane way – that’s why we built a video feedback tool for you to really hear your customers.